( 1 ) THE applicants-appellants State of Gujarat and Collector Vadodara have filed above appeal against the judgment and decree dated 21. 3. 1994 passed by the Joint Civil Judge (S. D.), Vadodara in Special Civil Suit No. 776/92 whereby the learned Judge dismissed the Special Civil Suit No. 776/92 filed by the appellants for declaration and permanent injunction in respect of land bearing survey No. 371 and 372b Tika No. 27/15, 27/16, 27/17 Survey No. 1/a/2 situated within the municipal limits of Vadodara Municipal Corporation admeasuring 128073 sq. mtr. of land i. e. 53 vighas and 17 vassas. The appeal was admitted way back on 13. 5. 1994. It seems that the appeal was earlier listed for final hearing on 22. 6. 2000 before other Division Bench wherein Civil Application No. 4849 of 2000 was moved on the previous day i. e. on 22. 6. 2000 and it was placed before the concerned Bench on 22. 6. 2000 under the orders of the Honble Chief Justice. The said application was filed under Order 41 Rule 27 of Civil Procedure Code seeking permission to adduce additional evidence in the First Appeal. However, the said Civil Application No. 4849 of 2000 for production of additional